“The mere presence of ice does not establish negligence on the part of the entity response for maintaining the property. They had at least two hours to remedy the danger and failed to do so. Trade Link Am., 39 A.D.3d 616, 616-617įurthermore, Office Mart was negligent in that they had already discovered the danger. “A property owner will be held liable for a slip and fall accident involving snow and ice on its property only when it created the dangerous condition which caused the accident or had actual or constructive notice thereof.” Robinson v. Right after the fall, the manager yelled, “James, I thought I told you to get that salt out here two hours ago!” Therefore, Office Mart is liable. Office Mart had actual and constructive notice of the presence of the invisible ice. Henderson’s fall and injuries resulting therefrom. Therefore, Office Mart is liable for Mrs. Office Mart created the dangerous condition when they removed the snow and failed to remove the invisible ice. Office Mart was negligent in failing to fulfill their duties. “A landowner must act as a reasonable man in maintaining his property in a reasonably safe condition in view of all the circumstances, including the likelihood of injury to others, the seriousness of the injury, and the burden of avoiding risk.” Basso v. Office Mart failed to do so and is therefore liable for Mrs. A reasonable person would have thrown down salt immediately upon the snow being removed to maintain their property in a reasonably safe condition. Office Mart failed to act as a reasonable person in maintaining their property in a reasonably safe condition in view of all the circumstances. Finally, the ice had been on the sidewalk for a long enough period the owner had time to discover and remedy the dangerous condition and failed to do so. Furthermore, the property owner had actual and constructive notice of the “black ice”. Moreover, the property owner is liable because they created the dangerous condition by removing the snow and leaving the invisible ice. The property owner failed to act as a reasonable person in maintaining the property in a reasonably safe condition. Whether Office Mart was negligent and is liable for damages to Mrs. It also is possible that she will require future surgery. Her surgeon is unsure whether she will ever be restored to 100% of her pre-accident level of physical health. She continues to suffer significant pain and limitation of range of motion in her right ankle. Henderson indicates that her treating orthopedic surgeon is uncertain about what will be the full extent of her recovery. She is a pediatric nurse at the Women and Children’s Hospital of Buffalo. She has missed a significant amount of time from work. She does not know how much her medical bills are. The fracture was severe enough to require surgery that included the insertion of plates and screws into her right ankle. Henderson suffered a bi-malleolar fracture of the right ankle because of the accident. Henderson filled out an accident report, but was never given a copy. She heard the manager yell, “James, I thought I told you to get that salt out here two hours ago!” She did not get the manager’s name. Henderson fell, the Store Manager came outside to attend to her. Henderson was entering the Office Mart store located at 150 Niagara Falls Boulevard, Amherst, New York, when she slipped on a patch of “black ice”, on the sidewalk, right in front of the store. The memo is meant to inform the reader so that he or she may come to his or her own conclusion.Re: Predictive Memo to the Managing Partner A legal memo, on the other hand, is generally objective, neutrally presenting both sides with supporting evidence (i.e., case law usually) for both sides. It argues a point of view and attempts to persuade the reader (e.g., a judge or attorney) to support that point of view. The usual, primary difference between a legal brief and a legal memo is the voice it's written in. There is not much case law highlighting the differences in these terms, more so secondary sources so what will be my outline in writing this memo? I need to write a memo concerning the difference between the terms "legal interest" and "equitable interest" in real estate transactions.
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